CHAP. VI. raising the requisite number of men could only 1778. be effected through the medium and agency of

the state governments, no celerity in their own proceedings could have given dispatch to measures, which, however immediate their necessity, were to be adopted by so many different popular assemblies, before they could be carried into execution.

The number of men expected were never raised, and the establishment of the army was not even agreed on in congress until about the last of May. The inactivity of the campaign of 1778 was such as to enable the general to effect, in the course of the summer, those arrangements respecting the officers which had been suggested early in the winter, and ought to have been immediately entered on.

CHAPTER VII.

Congress forbid the embarkation of the British troops taken at Saratoga....Burgoyne permitted to depart.... Plan of reconciliation with America agreed to in parliament....Communicated to, and rejected by congress.... The resolutions of this body thereupon....Information received of treaties of alliance and commerce being entered into between France and the United States.... The difficulties which had existed in the cabinet of Versailles on this subject.... Great Britain declares war against France.... The treaties with France ratified by congress ....Complaints made by general Washington of the treatment of American prisoners in possession of the enemy.... Proceedings of congress on this subject....A partial exchange of prisoners agreed to.

By the convention of Saratoga, it had been expressly stipulated, that Boston should be the place from whence the British army should embark for Europe. It was a circumstance, then perhaps unknown to general Burgoyne, that, as some time must elapse before a sufficient number of vessels for the transportation of his army over the Atlantic could be collected, the season of the year would arrive, when it becomes extremely difficult to make the port of Boston; in consequence of which, his embarkation would probably be deferred until the ensuing spring.

1777.

On receiving this unwelcome intelligence, Nov. 25.

he immediately applied to general Washington to change the port of embarkation, and to sub

CHAP. VII. stitute Newport in Rhode Island, or some other 1777. place on the Sound, for Boston. If any considerations not foreseen should make this proposal objectionable, he then solicited that, both on account of his health and private business, that indulgence might be granted to himself and his suite.

This request being one on which the general did not think himself authorized to decide, it was immediately communicated to congress in terms not unfavourable to the success of the application, so far as it respected general Burgoyne and his suite; but the objections to any change in the convention which might expedite the transportation of the army, were too weighty to be passed over. The difficulty of embarking them at Boston was considered as an advantage not to be relinquished. If the troops should be permitted to sail from the Sound, they would, on any reasonable computation; reach England in the early part of the winter; when, in conformity with the strictest principles of good faith, they might be employed on garrison duty, and replaced in America by an equal number of other troops, who might reach the continent in time for the next campaign. The effect then of their surrender would only be to take them out of service, and to diminish so far the force of the enemy for the remnant of the campaign of 1777. But if the literal observance of this article of the con1777.

vention should be insisted on, it was not pro- CHAP. VIL bable that they could be replaced during the campaign of 1778. The general pressed this subject on congress, but his extreme solicitude induced him to address letters to general Gates who was then at Albany, and to general Heath who commanded at Boston, cautioning both those officers against any sudden assent they might inadvertently give to the proposal, if made to them also, which might possibly be considered as committing the faith of the United States.

This measure of precaution, so far as it respected congress, was entirely unnecessary. That body was inattentive to no circumstance which respected the captured army. The facility, with which the convention might be violated on the part of the enemy, and the arms of a large part of them again turned against America, so soon as they could join general Howe, seems to have suggested itself to the American government as soon as the first rejoicings were over; and such was the then existing temper of the country, that the faith and honour of the enemy were believed by many, to be no sufficient securities against any injury they might possess the power of practising. Under this impression, a resolution had passed early in November, directing general Heath "to cause to be taken down the name and rank of every commissioned officer, and

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CHAP. VII. the name, former place of abode, occupation, 1777. size, age, and description of every non-commis

sioned officer and private soldier, and all other persons comprehended in the convention made between lieutenant general Burgoyne and major general Gates on the 16th of October 1777; and to transmit an authentic copy thereof to the board of war, in order that if any officer, soldier, or other person of the said army should hereafter be found in arms against these states in North America, during the present contest, he might be convicted of the offence, and suffer the punishment in such case inflicted by the law of nations."

Of the application made by general Burgoyne to congress through the commander in chief, no other notice was taken than to pass a resolution, "that general Washington be directed to inform general Burgoyne, that congress will not receive, nor consider any proposition for indulgence, nor for altering the terms of the convention of Saratoga, unless immediately directed to their own body."

December. Contrary to every expectation, a fleet of transports was prepared, and reached Rhode Island on its way to Boston, in the month of December, for the purpose of receiving the British army at that place. But before its arrival, the suspicions pre-conceived by congress had ripened into conviction, and the disposition to secure themselves against an apprehended